Personal injury cases are some of the worst to deal with. The legal process that sees a victim having to fight to get compensated by the negligent party who caused an injury can be one of the most draining things to deal with during a time that should be dedicated to the recovery process.
When it's a truck accident, things get even worse. First, a truck crash is likely to leave a victim with some of the worst injuries possible. Additionally, figuring out if it's the trucking company, a driver, or even a manufacturing company (or some combination) that's responsible can be a chore.
Be that as it may, it is possible to take advantage of the spread of information below that should be able to demystify how an Iowa truck accident case will usually work when a claim is being brought forward.
Iowa Semi-truck Accident Types
When a truck accident occurs, many different elements could contribute to it. Additionally, there are several different notable forms that the crash can take, which include:
Override accidents - These will see large commercial trucks driving over a pedestrian, motorcycle, or vehicle.
Underride accidents - Here, a small passenger vehicle will drive underneath a truck.
Jackknife accidents - This type of accident happens when a truck driver suddenly hits the brakes, causing the trailer to fold into the truck and potentially cause damage to people, vehicles, or property nearby.
Head-on collisions
What Does the Filing Process Look Like?
A truck accident claim is used by a victim to get compensation from the party who caused the injury and its associated effects. The idea is typically to get a settlement from the insurance company affiliated with the said party. Below is a look at the phases that the process will usually go through.
Discussing with an Iowa Truck Accident Lawyer
For truck accident cases, victims are advised to retain the services of an expert Iowa lawyer. The agreement with the attorney does not necessarily begin when the first conversation happens. Instead, the legal professional will do a consultation with the affected party to understand some of the variables and try to determine if there is the potential for a claim present.
The person seeking the consultation is advised to be as honest as possible, which will allow the attorney to accurately determine what the way forward for the matter may look like.
Now the Investigation Begins
Assuming that the Iowa truck accident lawyer sees where proceeding with a claim is the best idea, an investigation will be done since there will need to be concrete evidence that supports the case being made. The idea is to prove that the party being asked for compensation was negligent to begin with.
The Experienced Truck Accident Lawyer Will Handle the Filing
Once the evidence has been collected, it is time for the attorney to file a lawsuit on behalf of the client being represented. For the most part, this will happen within the county where the crash happened. However, based on the circumstances surrounding the crash, the court may allow for a transfer to one closer to the victim.
With the lawsuit filed, the defendant(s) (party/parties being sued) will be notified that legal action is being taken against them.
Negligent Parties in Semi-truck Accidents Will Not Make It Easy
Defendants in a personal injury case are not going to take the attempt to recover compensation from them lying down. Therefore, victims can expect that such parties will begin to gather their own evidence as they wish to also put a case together to indicate why they should not have to pay compensation or why they should not pay as much as the claimant asks.
Settlement Negotiations and a Possible Trial
The next phase is to attempt to settle on an agreed amount via negotiation. Typically, it is the attorneys on both sides that will lead the negotiation effort with each side attempting to make a case for what it thinks is fair and why.
Statistically, most personal injury matters will reach their conclusion here with both parties being able to agree on what should be fair compensation. However, this is not always the case. When an agreement cannot be reached, the only option is to take the matter to the courts.
At this point, the attorney's role will change to one of court representation, though the objective of trying to get the best settlement possible remains the same. For more information, Des Moines truck accident lawyers may be able to help.
Important Things to Know About an Iowa Truck Accident Lawsuit:
Defendants Need to Be Named
As indicated before, there can be one or many defendants in a truck accident case. The unique circumstances of the crash will guide who these parties are, but an experienced attorney will be able to ensure that this is taken care of accurately. They can also help with how to file a lawsuit for car accident in Iowa.
The Statute of Limitations Is Important
Victims do not have an eternity to file a lawsuit to seek compensation. The statute of limitations outlines how much time is allowed before the claim can no longer be made outside of extenuating circumstances. In Iowa, the timeline is two years from the date of the crash.
There Has to be Some Legal Standing
This simply means that there is some form of injury or effect that can be linked to the crash. Parents or guardians may file on behalf of a child, and surviving loved ones can file a wrongful death lawsuit if they lost someone to the accident.
An Insurance Adjuster Is Not Your Friend
Insurance adjusters will do their best to shortchange victims since their goal is to save the company as much money as possible. This is why injured parties are advised to have their lawyers talk to the insurance companies or at least be present when the conversation is happening. They will also be able to explain how to file a lawsuit for motorcycle accident in Iowa.
Schedule a Free Consultation with an Experienced Iowa Truck Accident Attorney Today!
Truck drivers, their employers, and others are sometimes negligent, which results in crashes that are detrimental to the victim. Medical bills and lost wages are sometimes just the tip of the iceberg. Why should you have to suffer because someone else was not being as careful as they should have been?
Schedule a free consultation today with Tom Fowler Law!
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